Guterson v. Jensen

Citations

• 100 Wash. 113
• 170 P. 352
• 1918 Wash. LEXIS 701

Syllabus

<p>Assault and Battery — Civil Liability-—Damages. Where defendant was assaulted and used excessive force in repelling the attack, he is liable only for the damages caused by the excessive force, and not for all the damages.</p> <p>Same—Measure of Damages. In an action for damages for an unjustifiable assault, the plaintiff cannot recover for injury to his good repute and social and professional standing, where there was no evidence that his good repute or standing had been injured, or from which injury could be assumed.</p> <p>Same—Excessive Damages. A verdict for $3,500 for damages from an assault, reduced to $2,000, is still excessive, where it merely appears that the plaintiff was struck in the eye and slightly cut, but not through the skin, and was confined to his bed for two or three days, and suffered pain and nervous shock, but no pecuniary loss.</p>